By James D. Scott

Under California law, the Family Court is required to divide community assets and community liabilities equally¹ between the parties, unless the parties have entered into a property settlement agreement that sets forth a different arrangement. An attorney must identify and place a value on all community assets and liabilities. If this information is suspect, various procedures of investigation are available under the laws that are commonly called “discovery.” (more…)

By James D. Scott

In today’s real estate mortgage market, one spouse often has better credit than the other spouse. In order to obtain a more favorable interest rate on a mortgage, one spouse will quit claim their interest in the house to the other spouse as their sole and separate property. This form of title is often demanded by the lender. The house is being purchased during the marriage and the married couple believes in good faith the house is community property. (more…)